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Delhi Court July 2019 Judgments

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Jul 29 2019

Kiran Banerjee & Ors. Vs.national Insurance Company & Ors.

Court: Delhi

Decided on: Jul-29-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI KIRAN BANERJEE & ORS. $~27 * % + CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) Versus Decided on:29. 07.2019 MAC.APP. 700/2019 & CM Nos.33715-17/2019 Through: Mr. Mahesh Thakur, Advocate. ..... Appellants NATIONAL INSURANCE COMPANY & ORS. ........ RESPONDENTS Through:1. The appellants impugn the right of recovery granted against them apropos the award of compensation to be paid by the insurance company. The ground of challenge is that the appellants had informed the insurer that the person, in whose name the insurance policy was issued i.e. the registered owner of the offending vehicle, had passed away on 24.05.2012. However, nothing was brought on record by the appellants to substantiate the aforesaid contention. Indeed, the insurer has denied that any such information was given to it.1 1 para 38 of the impugned order. MAC.APP. No.700-2019 Page 1 of 7 2. It was the case of the insurer that it came to know about the factum of dem...


Jul 29 2019

Pawan Bhambani vs.central Bureau of Investigation

Court: Delhi

Decided on: Jul-29-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:29. h July, 2019 + 1. CRL.M.C. 4442/2015 DR. ANBUMANI RAMADOSS ...Petitioners Through: Mr. Mukul Gupta Sr. Advocate with Mr. Vibhor Garg, Mr. Tushar Gupta and Mr. Sumit Kr. Mishra, Advocates. versus SUPDT. OF POLICE, CENTRAL BUREAU OF INVESTIGATION, ACU.II, SPE, DELHI-1 ...Respondents + 2. CRL.M.C. 5003/2015 Through: Mr. Prasanta Varma, SPP for CBI. SURESH SINGH BHADORIA ...Petitioner Through: Mr. N. Hariharan, Sr. Advocate with Mr. Nitendra Kumar, Mr. Rakesh Samrendra, Mr. Aditya Vaibhav Singh & Ms. Rekha, Advocates. versus CENTRAL BUREAU OF INVESTIGATION CGO COMPLEX LODHI ROAD, NEW DELHI ...Respondents Through: Mr. Prasanta Varma, SPP for CBI. CRL.M.C. Nos. 4442/2015, 5003/2015, 5005/2015, 5007/2015 & 58/2017 & CRL.REV.P. 38/2016 Page 1 of 33 + 3. CRL.M.C. 5005/2015 NITIN GOTHWAL ...Petitioner Through: Ms. Rebecca M. John, Mr. N. Hariharan & Mr. Vikas Pahwa Sr. Advocates with Mr. Rakesh Kumar Samrendra, Mr. Kushdeep Ga...


Jul 29 2019

Surendra Kumar Jain vs.principal Commissioner of Income Tax (Central)- ...

Court: Delhi

Decided on: Jul-29-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 593/2019 & CM No.2670/2019 SURENDRA KUMAR JAIN ........ Petitioner Through: Mr. Piyush Kaushik and Mr. S.P. versus Singh, Advocates PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL)-III, NEW DELHI & ANR. ........ RESPONDENTS Through: Ms. Vibhooti Malhotra, Senior Standing Counsel CORAM: JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH ORDER2907.2019 $~43 * + % Dr. S. Muralidhar, J.:1. On 18th March, 2019, the following order was passed by this Court: The matter has been listed before this Court as the DB-II has not assembled today. Learned counsel for the petitioner submits that the Assessment for the Year 2011-2012 pertaining to the petitioner has been re- opened. While the reasons to believe have been served upon the petitioner, but before the objections could be decided, a final order has been passed. Reliance has been placed on various judgments of this Court, including the judgment passed in the case of Smt. Kamlesh Sharma v. B.L. Meena, Inco...


Jul 29 2019

State vs.balram

Court: Delhi

Decided on: Jul-29-2019

$~ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.L.P4322019 Date of decision:29. 07.2019 STATE ........ Petitioner Through: Ms. Aashaa Tiwari, APP for the State with SI Parmender Kumar, PS Sultanpuri, Delhi Versus BALRAM Through: None. ..... Respondent CORAM: HON'BLE MR. JUSTICE MANMOHAN HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL SANGITA DHINGRA SEHGAL, J1 The present leave petition is instituted on behalf of the State under Section 378(1) of the Code of Criminal Procedure, 1973, (hereinafter referred as Cr.P.C.) against the impugned judgment dated 08.05.2019 passed by the learned Additional Sessions Judge, Special Court (POCSO), Rohini Courts, Delhi, in SC No.57/2015 arising out of FIR No.186/2015, under sections 363/376(2)(n)/506 of the Indian Penal Code, 1860 (hereinafter referred as IPC) and Section 6 of POCSO ACT registered at Police Station Sultanpuri whereby the respondent has been acquitted for the offences punishable under Sections 363/376(2)(n)/506 IPC.2. Brief facts of t...


Jul 29 2019

Thdc India Ltd. Vs.jaiprakash Associates Ltd.

Court: Delhi

Decided on: Jul-29-2019

$~38 * + IN THE HIGH COURT OF DELHI AT NEW DELHI OMP (COMM) 341/2016 Date of Decision :29. h July, 2019 THDC INDIA LTD. ........ Petitioner Through Mr.Puneet Taneja and Ms.Laxmi Kumari, Advs. versus JAIPRAKASH ASSOCIATES LTD. ..... Respondent Through Mr.Lovkesh Sawhney, Adv. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) This petition under Section 34 of 1. the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) has been filed by the petitioner challenging the Arbitral Award dated 14.04.2016 passed by the Arbitral Tribunal adjudicating the disputes that have arisen between the parties in relation to the Agreement for Construction of Tehri Dam and Associated works dated 24.01.1997 executed between the parties.2. The dispute between the parties was confined to a narrow compass. In terms of Clause 36 of the General Conditions of Contract (GCC),the respondent was entitled to a Price Adjustment for increase or decrease in rates of raw material, labour...


Jul 29 2019

Ganga Ram Saini vs.bimla Devi

Court: Delhi

Decided on: Jul-29-2019

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on:29. 07.2019 RSA3552016 GANGA RAM SAINI ..... Appellant Through: Mr. N.K. Jha, Advocate versus BIMLA DEVI Through: Mr. A.K. Singla, Senior Advocate with Mr. Abhimanyu Singh Khatri, Mr. Susheel Tripathi and Mr. Rahul Shukla, Advocates. ..... Respondent CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J RSA3552016 & CM No.18957/2017 1. This regular second appeal under section 100 of the Civil Procedure Code, 1908 impugns the order dated 20th October 2016 passed by the the learned Appellate Court, dismissing the appeal against the judgement and decree dated 30th July 2012 of the learned Trial Court, inter alia, directing the appellant (defendant) and his family members to vacate and hand over possession of the suit property i.e. a room measuring 14.3 x 9.9, bearing property number 10468, Manakpura, Karol Bagh, New Delhi 110005.2. The respondent/plaintiff had filed a suit for possession, mesne profits and recovery ...


Jul 29 2019

National Textile Corporation vs.genex Industries Ltd & Anr.

Court: Delhi

Decided on: Jul-29-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision- 29.07.2019 + RFA3332019 NATIONAL TEXTILE CORPORATION ..... Appellant Through: Mr.Ajit Pudussery with Mr.Ajeet Singh Verma, Advs. versus ........ RESPONDENTS GENEX INDUSTRIES LTD & ANR. Through: None. CORAM: HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) RFA3332019 & C.M. No.17215/2019 (for stay) 1. The present appeal assails the judgment and decree dated 31.08.2017 passed by the learned Additional District Judge in Civil Suit No.1706/2000 wherein the learned Trial Court has dismissed the suit instituted by the appellant/plaintiff seeking recovery of a sum of Rs.13,80,725/- along with interest from the respondent.2. At the outset, it may be noted that the aforesaid suit filed by the Appellant was initially decreed in its favour as the respondents had been proceeded ex parte. However, on an application under Order 9 Rule 13 CPC moved by the respondents, the judgment was set aside and the suit now stands dismissed under...


Jul 29 2019

Dr. Keshav Kumar Agarwal vs.central Bureau of Investigation

Court: Delhi

Decided on: Jul-29-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:29. h July, 2019 + 1. CRL.M.C. 4443/2015 DR. ANBUMANI RAMADOSS ...Petitioner Through: Mr. Mukul Gupta, Sr. Advocate with versus Promod Kumar Dubey, Mr. Vibhor Garg, Mr. Tushar Gupta and Mr. Sumit Kumar Mishra, Advocates. SUPDT. OF POLICE, CENTRAL BUREAU OF INVESTIGATION, ACB/LUCKNOW ...Respondents Through: Mr. Prasanta Varma, SPP for CBI. + 2. CRL.M.C. 4480/2015 DR. KESHAV KUMAR AGARWAL ...Petitioner Through: Mr. Abdhesh Chaudhary, Advocate with Ms. Sakshi Arora & Ms. Apurva Bhardwaj, Advocates. versus CENTRAL BUREAU OF INVESTIGATION (CBI) Through the Superintendent of Police, CGO Complex, New Delhi - 110003 ...Respondents Through: Mr. Prasanta Varma, SPP for CBI. CRL.M.C. Nos. 4443/2015, 4480/2015 & 688/2017 & CRL. REV. P. 25/2016 Page 1 of 30 + 3. CRL.M.C. 688/2017 K V S RAO ...Petitioner Through: Mr. Dayan Krishnan, Sr. Advocate with Ms. Manvi Priya, Mr. Narender Singh Bisht & Mr. Nishant Singh Bisht, Advocates. versu...


Jul 29 2019

Lalit Mohan Mendiratta vs.gianinder Mendiratta and Ors

Court: Delhi

Decided on: Jul-29-2019

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h July, 2019 CS(OS) 376/2018, IA No.10156/2018 (u/O XXXIX R-1&2 CPC) & IA No.3079/2019 (u/O VI R-17 CPC) LALIT MOHAN MENDIRATTA ..... Plaintiff Through: Mr. R.S. Chaggar, Ms. Sangeeta Singh & Mr. Sajan Arora, Advs. Versus GIANINDER MENDIRATTA AND ORS. ..... Defendants Through: Mr. Virag Kumar Agarwal, Ms. Shalini Agarwal & Mr. Kamaljeet Singh, Advs. For D- 1&2. Mr. Pankaj Gupta, Adv. for D-3. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 The plaintiff has instituted this suit for partition of house No.A- 20, G.T. Road, out of Khasra No.38, situated in the area of village Bharola, colony known as Adarsh Nagar, Delhi constructed over land ad-measuring 400 sq. yds.2. The defendants have filed their written statements and the suit is ripe for framing of issues.3. The counsel for the defendants no.1 and 2 and the counsel for the defendant no.3 appear.4. The counsel for defendants no.1 and 2, upon asking, states that the def...


Jul 29 2019

Centre for Policy Research vs.airport Authority of India

Court: Delhi

Decided on: Jul-29-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:29. 07.2019 W.P.(C) 1846/2016 & CM APPL. 7907/2016 + CENTRE FOR POLICY RESEARCH ........ Petitioner Versus AIRPORT AUTHORITY OF INDIA ..... Respondent Advocates who appeared in this case: For the... Petitioner For the Respondent : Mr Jayant Bhushan, Senior Advocate with Mr Rahul Narayan, Mr Shashwat Goel, Advocates. : Mr K.K. Rai, Senior Advocate with Mr Digvijay Rai, Mrs Chetana Rai, Mr Anshul Rai, Mr Ramkrishna Veerendra, Mr Aman Yadav, Advoates for AAI. CORAM HONBLE MR JUSTICE VIBHU BAKHRU VIBHU BAKHRU, J JUDGMENT The petitioner is a society registered under the Societies 1. Registration Act, 1860. impugns an order dated 20.10.2015 (hereafter the impugned order) passed by the respondent (Airport Authority of India hereafter AAI) debarring the petitioner from taking up any recruitment exercise for AAI for a period of three years. It 2. It is further stated in the impugned order that the decision to further debar/blackli...


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